Focused Criminal Defence
Not general practice. Only criminal matters — impaired driving, assault, drug offences, bail hearings, firearms, and related charges.
Theft Charges · Property Offences · Criminal Defence
Theft Lawyer
Facing a theft charge in Ontario? Saggi Law Firm provides focused criminal defence for theft, shoplifting, possession of stolen property, identity theft, and related property offences. We protect your rights and work toward the best possible outcome for your case.
- 14+Years defending criminal charges
- 24/7Direct line — a lawyer answers
- 4.9★207+ Google reviews
- 100%Solicitor–client privileged
At a Glance
- Type of matterTheft
- Legal frameworkCriminal Code of Canada
- Where matters are heardOntario Court of Justice · Superior Court
- First step with usFree confidential consultation
Why work with us
Four reasons clients choose Saggi Law Firm
Direct Lawyer Contact
You speak with a lawyer, not a paralegal or an intake team. Consultation calls are answered day, night, and weekends.
Case-Specific Strategy
No template defence. Every strategy is built on the actual evidence, disclosure, and circumstances in your file — not a stock template.
Full GTA Coverage
Brampton, Toronto, Mississauga, Vaughan, Newmarket, Milton — appearing daily across Peel and Greater Toronto Area courthouses.
Just been charged?
What to do in the first 24 hours
The choices you make immediately after being arrested or charged can shape the rest of your case. Six practical steps — taken from experience defending criminal matters across Ontario.
Reach a lawyer now
Say as little as possible to police
Beyond confirming your identity, you generally do not have to answer questions. Politely say you want to speak with a lawyer first.
Ask for a lawyer immediately
You have the right to consult counsel without delay. Use it before making any statement or agreeing to any procedure.
Write down what happened while it's fresh
Note the time, location, officers involved, what was said and asked, and the sequence of events. Small details often matter later.
Do not discuss the case publicly
No social media posts, group chats, or text-message venting. Anything you say or write can end up in the prosecution's disclosure.
Preserve anything that may be evidence
Photos, texts, receipts, dashcam footage, medical records — save them. Do not delete or edit anything on your phone or laptop.
Call Saggi Law Firm for a confidential consultation
Free, direct-to-a-lawyer, and privileged from the first word. The sooner you get advice, the more options you keep open.
Overview
Theft Lawyer in the Greater Toronto Area | Saggi Law Firm
If you are accused of taking someone else’s property, the consequences can extend far beyond the value of the property involved. A theft charge can affect your employment, professional licensing, immigration status, reputation, finances, and future opportunities. Whether the allegation involves shoplifting, theft from an employer, possession of stolen property, identity theft, or another property offence, you need to understand what you are facing and how a strong defence can protect your interests.
At Saggi Law Firm, our criminal defence lawyers represent individuals facing theft and related criminal charges throughout the Greater Toronto Area. We examine the evidence, assess the circumstances surrounding the allegation, identify weaknesses in the prosecution’s case, and develop a legal defence focused on achieving the best possible outcome.
Being accused of theft does not automatically mean you will be convicted. The Crown must prove the essential elements of the offence beyond a reasonable doubt. Having an experienced criminal defence lawyer on your side from the beginning can make an important difference.
Facing a Theft Charge in Ontario?
A theft allegation can arise from circumstances that are much more complicated than simply taking property. The law considers questions such as who owned the property, whether you had lawful possession or authority, what your intention was, and whether the Crown can establish the required elements of the offence.
Under section 322 of the Criminal Code of Canada, theft generally involves fraudulently and without colour of right taking or converting property with the required intent. (Department of Justice Canada)
That means the surrounding circumstances matter.
If you have been charged with theft, investigated by police, questioned about missing property, or accused of taking property from a business or another person, it is important to obtain legal advice before making decisions that could affect your criminal case.
Saggi Law Firm can help you understand:
- The theft charge you are facing
- The potential consequences
- What evidence the prosecution may rely upon
- Whether the allegations satisfy the requirements of the Criminal Code
- Available theft defence strategies
- Whether negotiation, diversion, withdrawal, or trial may be appropriate
- How to protect your rights throughout the criminal justice process
What's at stake
Theft Penalties in Ontario
The potential penalty for a theft offence depends on the specific circumstances and applicable Criminal Code provision.
For general theft, section 334 distinguishes between property valued at more than $5,000 and property valued at $5,000 or less. Where the value exceeds $5,000, an indictable prosecution can carry a maximum sentence of 10 years' imprisonment. Where the value is $5,000 or less, an indictable prosecution can carry a maximum sentence of two years' imprisonment. The Criminal Code also provides summary conviction options. (Department of Justice Canada)
These are maximum statutory penalties, not automatic sentences.
Factors That Can Affect Sentencing
A court may consider numerous factors when determining an appropriate sentence, including:
- The value of the property
- The circumstances of the offence
- Whether there was planning
- Whether the property was recovered
- Whether restitution was made or is appropriate
- Whether there was a breach of trust
- Whether there are prior criminal convictions
- The accused's personal circumstances
- The impact of the offence
- The availability of rehabilitation
- The circumstances of the accused
A minor theft allegation involving limited property can be very different from a complex theft case involving significant financial loss or an alleged breach of trust.
Can a Theft Charge Lead to Jail Time?
Jail time is not inevitable simply because someone is charged with theft.
The appropriate outcome depends on the facts and circumstances of the individual criminal case. Depending on the circumstances, possible outcomes can include a withdrawal, diversion where available, discharge, probation, restitution, a fine, a conditional sentence where legally available, or imprisonment.
Your criminal defence lawyer should assess your individual circumstances rather than making promises about a particular result.
What Does Theft Mean Under Canadian Law?
Theft is a property offence under Canadian criminal law. The definition is broader than the everyday understanding of stealing.
The Criminal Code can apply where property is taken or converted without lawful authority and with the required intention. The property does not necessarily have to be physically removed from a person's possession in the traditional sense. (Department of Justice Canada)
Theft Is About More Than Taking Property
A criminal lawyer will look closely at the circumstances surrounding the alleged conduct.
Important questions can include:
- Did you have permission to possess or use the property?
- Did you honestly believe you had a legal right to it?
- Who actually owned the property?
- Was the property entrusted to you?
- Was there a dispute over ownership?
- Was the property taken intentionally?
- What evidence establishes your alleged intent?
- Were statements made to police?
- Are surveillance recordings complete and reliable?
- Are witnesses consistent?
- Is the identification evidence reliable?
These issues can become central to a successful defence.
Common Theft Allegations
Theft cases can involve many different circumstances, including:
- Shoplifting or retail theft
- Theft from an employer
- Theft from a friend, family member, or acquaintance
- Theft of personal property
- Theft of money
- Theft involving a business
- Possession of stolen property
- Theft involving vehicles
- Credit card-related offences
- Identity theft
- Theft involving property entrusted to an accused person
The seriousness of the case depends on the specific allegations, the value and nature of the property, the surrounding circumstances, the accused's record, and other factors.
Our approach
How a Theft Lawyer Can Defend Your Case
A strong theft defence starts with understanding the evidence.
At Saggi Law Firm, our defence lawyers can examine the allegations from multiple angles and determine whether the Crown can prove each required element beyond a reasonable doubt.
Challenging the Crown's Evidence
The prosecution may rely on:
- Surveillance footage
- Witness statements
- Police observations
- Electronic records
- Financial records
- Business records
- Text messages
- Emails
- Admissions
- Physical evidence
- Identification evidence
Our role is not simply to accept the allegations at face value. We assess whether the evidence is reliable, admissible, complete, and capable of proving the charge.
Lack of Intent
Intent can be a critical issue in theft cases.
For example, a person may have believed they had permission to use or possess property. There may have been a misunderstanding about ownership, payment, authorization, or an agreement between the parties.
The circumstances must be examined carefully before assuming that the required criminal intent existed.
Colour of Right
The Criminal Code's definition of theft specifically refers to taking or converting property "without colour of right." (Department of Justice Canada)
Where an accused genuinely believed they had a legal right to the property, that belief may become an important part of the legal analysis.
Whether a colour-of-right argument applies depends on the facts and evidence of the particular case.
Disputing Ownership or Possession
Sometimes a theft allegation develops from a disagreement over property.
Examples may include:
- A business ownership dispute
- A former partner retaining property
- A disagreement following a relationship breakdown
- Property that was loaned or entrusted
- A dispute about payment
- An employee taking disputed business property
A criminal defence lawyer will investigate the underlying relationship and documentation rather than looking only at the accusation itself.
Challenging Identification
If the prosecution alleges that you were the person who took the property, identification evidence can become important.
A defence may examine:
- How the person was identified
- The quality of surveillance footage
- Lighting and visibility
- The length of the observation
- Witness reliability
- Inconsistencies between statements
- Whether identification procedures were properly conducted
Every piece of evidence should be evaluated in the context of the entire criminal case.
Theft, Fraud and Related Property Offences
Not every property-related allegation is legally classified as theft. A person may instead face a fraud charge or another criminal offence depending on the circumstances.
Theft and Fraud
Theft generally concerns taking or converting property with the required criminal intent, while fraud involves different legal elements and may arise from dishonest conduct intended to cause a deprivation.
Fraud cases can involve:
- Financial transactions
- False representations
- Business dealings
- Credit cards
- Online transactions
- Identity theft
- Employment-related conduct
- Insurance matters
- Banking activity
If you are facing theft or fraud charges, it is important to have the exact allegations reviewed rather than assuming that all property offences are treated the same way.
A fraud lawyer or criminal defence lawyer can examine the allegations and determine what the Crown must prove.
Possession of Stolen Property
A person can also face allegations involving possession of stolen property.
These cases can raise different questions from the original theft allegation. For example, the prosecution may need to establish what the accused knew or believed about the property and the circumstances surrounding its possession.
An experienced criminal lawyer will carefully examine how the property came into your possession and what evidence exists regarding your knowledge or intent.
What happens next
What Happens After You Contact Saggi Law Firm?
If you are facing theft charges in Toronto or elsewhere in Ontario, the first step is understanding exactly what you are facing.
Step 1: Review Your Situation
We can discuss the allegation, the charges, your court documents, and any immediate concerns.
Step 2: Examine the Evidence
Your lawyer can determine what evidence is available and what additional disclosure needs to be reviewed.
Step 3: Identify Legal Issues
We assess whether there are issues involving intent, identification, ownership, possession, police conduct, statements, or other aspects of the prosecution's case.
Step 4: Develop Your Defence
Based on the available evidence, we develop a defence strategy designed around your circumstances.
Step 5: Handle the Criminal Process
Your lawyer can represent your interests during the applicable stages of the criminal justice process, including court appearances, negotiations, applications, and trial where necessary.
Protect Your Future
A criminal record can create consequences that continue after a case is finished.
It may affect:
- Employment opportunities
- Professional licensing
- Travel
- Immigration matters
- Education
- Housing
- Reputation
- Future legal proceedings
That is why addressing a theft charge early can be important.
Defence Strategies for Theft Cases
There is no single defence that applies to every theft case.
Common Defence Approaches
Depending on the circumstances, an effective defence may involve:
No Criminal Intent
The evidence may not establish the required intention to deprive the owner of the property.
Lawful Authority or Permission
You may have had permission to possess, use, or take the property.
Colour of Right
The evidence may support an honest belief that you had a legal right to the property.
Insufficient Evidence
The prosecution may not have enough reliable evidence to prove the charge beyond a reasonable doubt.
Unreliable Witness Evidence
Conflicting or unreliable testimony may create reasonable doubt.
Problems With Surveillance or Digital Evidence
Video, electronic records, or other evidence may not establish what the prosecution claims.
Charter Issues
Depending on the circumstances, a defence lawyer may examine whether police obtained evidence in violation of Charter-protected rights and whether an exclusion remedy may be available.
The appropriate legal defence depends on the facts, evidence, and procedural history of your criminal case.
Why Choose Saggi Law Firm for Theft Defence?
When facing criminal charges, you need more than general legal information. You need legal representation that is focused on your specific circumstances.
Saggi Law Firm provides criminal defence representation for individuals facing property-related criminal allegations throughout the Greater Toronto Area.
Our approach focuses on:
- Understanding your side of the story
- Reviewing the prosecution's evidence
- Identifying weaknesses in the case
- Protecting your legal rights
- Developing practical defence strategies
- Pursuing the best possible outcome
- Providing clear communication throughout the process
Whether you are dealing with a minor theft allegation or serious criminal charges, the consequences can be significant. An experienced theft lawyer can help you understand your options before you make decisions that could affect your future.
Speak With a Theft Defence Lawyer
Facing theft charges can be stressful, particularly when you are uncertain about what happens next. Whether the allegation involves petty theft, theft from an employer, possession of stolen property, identity theft, or a more serious property crime, you have the right to understand the case against you and make informed decisions about your defence.
Saggi Law Firm represents clients facing criminal charges throughout Toronto and the Greater Toronto Area. Our criminal defence lawyers can review your situation, explain the legal process, identify potential defence strategies, and help you understand your options.
Do not assume that an accusation will automatically lead to a conviction. Contact Saggi Law Firm to discuss your theft charge and learn how experienced legal representation can help protect your rights and your future.
Frequently asked
Questions about this charge
Common questions clients ask about this practice area — answered plainly, without legal jargon.
Still have questions?
The fastest way to get answers specific to your matter is a short confidential call.
What does a theft lawyer do?
A theft lawyer provides legal representation to someone accused of theft or related property offences. This can include reviewing evidence, advising the accused, developing defence strategies, negotiating with the prosecution, making court applications, and representing the accused at trial when necessary.
Can I be convicted of theft if I did not intend to steal?
Intent is an important part of the legal analysis in a theft case. Under section 322 of the Criminal Code, the offence includes specific requirements concerning the taking or conversion of property and the accused's intent. (Department of Justice Canada)
Whether the evidence establishes the necessary intent depends on the circumstances of the individual case.
Is shoplifting a criminal offence in Ontario?
Shoplifting can result in a criminal theft charge. The consequences depend on factors including the value and circumstances of the property and the specific charge laid.
A person accused of shoplifting should not assume that a minor allegation cannot result in significant consequences.
Can theft charges be withdrawn?
In some circumstances, the Crown may decide not to proceed with a charge. The possibility of withdrawal, diversion, or another resolution depends on the specific facts, evidence, circumstances of the accused, and prosecution policies.
No lawyer can guarantee that a charge will be withdrawn.
Can a theft charge result in a criminal record?
Yes. A conviction for theft can result in a criminal record. The potential consequences depend on the charge and the final outcome of the case.
That is why obtaining legal advice early can be important if you are facing a criminal charge.
What if I am accused of theft from an employer?
Theft from an employer can involve additional considerations because the prosecution may allege that you had access to property or money through your employment. Depending on the circumstances, the case may also involve allegations of breach of trust.
The defence should examine the employment relationship, access to the property, records, authorization, accounting information, communications, and evidence of intent.
What is the difference between theft and fraud?
Theft and fraud are separate criminal offences with different legal elements. Theft generally concerns taking or converting property with the required criminal intent, while fraud involves different elements concerning dishonest conduct and deprivation.
If you are facing theft or fraud charges, the exact wording of the charge matters.
Should I speak to the police if I am accused of theft?
If police want to question you about an alleged criminal offence, it is generally prudent to obtain legal advice before making substantive statements. What you say can potentially become evidence in your criminal case.
A criminal defence lawyer can advise you about your rights and the appropriate way to respond based on your circumstances.
Can a theft lawyer help me avoid a criminal record?
A lawyer can assess whether there are legal options that may reduce the risk of a conviction or criminal record, depending on the facts of the case. However, no responsible lawyer should guarantee a particular outcome.
The earlier your legal defence is considered, the more opportunity there may be to evaluate available options.
What should I do if I am facing theft charges in Toronto?
Do not ignore the charge or court date. Gather your court documents and relevant records, avoid discussing the case publicly, and obtain legal advice from an experienced criminal defence lawyer.
The circumstances of every theft case are different, so your defence should be based on the actual evidence rather than assumptions about what will happen.
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